State v. Fagan

The opinion o£ the court was delivered by

Fontron, J.:

The defendant, Herbert Cornelius Fagan, was convicted of aggravated burglary and aggravated robbery. He was given consecutive sentences and has appealed. He contends the trial court erred in two particulars: First, in admitting certain items of physical evidence and second, in overruling his motion for discharge.

Before examining the points raised, we pause to relate the circumstances surrounding the crimes. At about 11 p. m., January 6, 1972, three men, at least two of whom were armed, forcibly broke in to the Lawrence residence of the…